Can I Be Arrested If I Have Prescription Medication Without the Prescription?

YES! However, if you can provide a copy of the prescription (and show it was valid at the time of the arrest), the case against you will most likely be dismissed. A valid prescription is a defense to the prosecution of the case, but it will not stop the arrest if the prescription is not on your person.

If a person is carrying prescription medication without the prescription, they can be arrested if they come in contact with the police. Usually, I see these charges in connection with being stopped for another reason and the medication is either in plain view or in the person’s pocket. Be careful when you are driving around with your prescription medication.

Another scenario I commonly see is where a friend or family member gives an individual leftover prescription medication for an ailment. If this is the case and the person gets arrested in possession of someone else’s prescription medication, then they do not have prescription defense to the prosecution of the offense.

Bo Kalabus

Bo began his legal career as a civil litigator and specialized in defending personal injury cases. After several years in civil practice, Bo turned his focus to starting his own law firm and developing a criminal defense practice to complement his experience on the civil docket. On September 4, 2010 the Kalabus Law Firm was proud to announce its affiliation with Rosenthal & Wadas L.L.P.